1 2025:CGHC:10356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1550 of 2025 1 - Smt. Jamuna Netam W/o Late Jayram Netam Aged About 57 Years R/o House No. 47, Majhapar, Pusawada, Kanker, District North Baster, Kanker Chhattisgarh. 2 - Smt. Amrotin Salam W/o Late Ram Lal Salam Aged About 60 Years R/o Village Daldali, Sarona, Narharpur, District North Baster, Kanker Chhattisgarh. 3 - Smt. Ayati Salam W/o Late Shriram Salam Aged About 66 Years R/o Village Puswada, Kanker, District North Baster, Kanker Chhattisgarh. 4 - Smt. Pawanbai W/o Late Banau Ram Aged About 66 Years R/o Subhas Ward, Ward No. 11, Mayana, Puri, Charama, Kanker, District North Baster, Kanker Chhattisgarh. 5 - Smt. Dukli Bai Netam W/o Late Shri Somnath Netam Aged About 60 Years R/o House No. 105, Baghapara, Ward No. 7, Nathiya Nawagaon, Kanker, District North Baster, Kanker Chhattisgarh. 6 - Smt. Phulbhti Mandavi W/o Late Balluram Mandavi Aged About 46 Years R/o House No. 12, New Coloney, Chhotekapsi, Kanker, District North Baster, Kanker Chhattisgarh. 7 - Vinod Kumar Shori S/o Late Shiv Shori Aged About 40 Years R/o Village Dheklawan, Post Shamtara, Deodongar, Kanker, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.05 14:59:47 +0530 2 2 - The Executive Engineer Water Resource Department, Division Kanker, District North Baster, Kanker Chhattisgarh. 3 - The Executive Engineer Water Resource Department, Dhamtari, District Dhamtari Chhattisgarh. ... Respondents For Petitioners : Mr. Somkant Verma, Advocate For State/Respondents : Mr. Kawaljeet Singh Saini, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.03.2025 1 Heard Mr. Somkant Verma, learned counsel for the petitioners and Mr. Kawaljeet Singh Saini, learned Panel Lawyer, appearing for the State/respondents. 2 The legal representatives of the employees of the respondent- Department have filed the instant petition with the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent concerned to consider the case of the petitioners for grant of benefit of leave encashment, within stipulated period. 10.2 Any other relief, which this Hon’ble Court deem fit.” 3 Learned counsel for the petitioners submits that petitioners are the legal representatives of the retired employees of the respondent department, who were worked charged employees working under 3 the respondent department and later, their services have been regularized. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors.) and other connected matters decided on 30.09.2022, the petitioners are entitled for leave encashment. 4 Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the petitioners have completed the minimum period of service to avail the benefit of leave encashment. 5 I have heard learned counsel for parties and perused the documents available in record. 6 Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioners to make detailed representations before the concerned respondent/ competent authority within the period of ‘30 days’ from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In the event of filing of representations, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representations. 4 7 Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/-- (Amitendra Kishore Prasad) Judge Yogesh